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Home My WebLink About2012-15 - Adding Section 9.04.140 to the Newport Beach Municipal Code to Adopt the Very High Fire Hazard Severity Zone MapORDINANCE NO. 2012 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, ADDING SECTION 9.04.140 TO THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE VERY HIGH FIRE HAZARD SEVERITY ZONE MAP The City Council of the City of Newport Beach finds as follows: WHEREAS, the legislature has declared in Government Code Section 51175, Subdivision (a)that: (1) wildfires are extremely costly, not only to property owners and residents, but also to local agencies; (2) wildfires pose a serious threat to the preservation of the public peace, health, and safety; (3) it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control; and (4) that preventative measures are needed to ensure the preservation of the public peace, health, or safety; and WHEREAS, the Legislature has declared in Government Code Section 51175, Subdivision (b), that the prevention of wildland fires is not a municipal affair, but is, instead, a matter of statewide concern; and WHEREAS, pursuant to Government Code Section 51178, the California Director of Forestry and Fire Protection ( "CALFIRE ") has identified areas within the City of Newport Beach as Very High Fire Hazard Severity Zones ( "VHFHSZ "); and WHEREAS, Government Code Section 51179 subdivision (b) allows local agencies to exclude an area identified as a very high fire hazard severity zone by CAL FIRE following a finding supported by substantial evidence in the record; and WHEREAS, the creation of this map relied upon the use of current scientific methods which assessed, vegetation, slope, fire history, weather patterns and significantly improved accuracy by establishing the impact of flames, heat, and flying embers; and WHEREAS, pursuant to Government Code Section 51179 the City of Newport Beach has published a new map depicting areas designated as a VHFHSZ; and Government Code Section 51179 requires the City of Newport Beach to designate by ordinance VHFHSZ in its jurisdictional area after receiving the recommendation from CAL FIRE; and WHEREAS, the Newport Beach Fire Department staff has reviewed CAL FIRE's map, and has made recommendations based upon their professional training and experience that the proposed local responsibility area map attached hereto accurately represents the VHFHSZ within the City; and WHEREAS, there is substantial evidence in the record, including, but not limited to, all the information presented to this Council during a Study Session presentation on March 13, 2012 and the Staff Report presented on July 10, 2012, together with all other written, oral and visual communications, that supports the exclusion of certain areas from VHFHSZ as the requirements of Government Code section 51182 are not necessary in those certain areas for effective fire protection. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 9.04.140 of the City of Newport Beach Municipal Code is hereby added to read in its entirety as follows: 9.04.140 Very High Fire Hazard Severity Zone. The City of Newport Beach designates those areas identified in green on the map attached hereto and on file with the City Clerk as the Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the California Government Code. SECTION 2: Pursuant to Government Code section 51179(b), the City Council finds that there is substantial evidence in the record that supports the exclusion of certain areas from VHFHSZ as the requirements of Government Code section 51182 are not necessary in those certain areas for effective fire protection. SECTION 3: The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code section 21080(b) (1) and CEQA Guidelines section 15268(a) because the adoption of the ordinance is mandated by Government Code section 51179(a). Further, the adoption of the VHFHSZ map does not cause significant public safety issues based upon the substantial evidence contained in the record and the activities required of a person who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion of the City. The adoption of this ordinance is therefore ministerial. To the extent that provisions of this ordinance are considered discretionary decisions of the City due to the exclusion of certain areas from the map as submitted by CAL FIRE, the excluded areas will not be affected by the VHFHSZ map or fuel management activities directly resulting there from, and therefore, there will be no impact to the environment in these excluded areas. Furthermore, this ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15304(1), which applies to fuel clearance activities within 100 feet of a structure. SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstances, be declared invalid or unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the to day of July 2012, and adopted on the 24 day Of July , 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS Henn, Rosans4, Hill , Daigle, Gardner, Selich NOES, COUNCIL MEMBERS AsSTAINEECOUNCIL MEMBERS curry NANCY GARPNER, MAYOR ATn/TEnS�T::I,; LEILANI BROWN. CITY CLERK TO , CITY ATTORNEY T - l Q of Newmrt Beach ;• - �' J i Very High Fire Hazard Severity Zone �.i NIeS ATTACHMENT A LQL • ) % :. ,. S 1 r. - l Q of Newmrt Beach ;• - �' J i Very High Fire Hazard Severity Zone �.i NIeS ATTACHMENT A 'r. T r Lr r� s! i; A Very High Fire Hazard Severity Zones NHFHSZI 'I CDCALFIRE- Designated'. ® NBFD- Revised Zone �/. o.s mw. ia ■ . ■ LK \ Community Outreach Meetings and Notifications Proposed VHFHSZ Map March 13, 2012 City of Newport Beach Council Chambers Study Session March 28, 2012 Oasis Senior Center April 2, 2012 Newport Coast Community Center April 18, 2012 Corona del Mar Town Hall Meeting May 9, 2012 Newport Beach Yacht Club (Speak Up Newport) May 23, 2012 Cameo Shores Community Annual Board Meeting May 24, 2012 Crystal Cove HOA Board Meeting ATTACHMENT C STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2012 -15 was duly and regularly introduced on the 10'" day of July, 2012, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24' day of July, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Selich, Henn, Daigle, Mayor Gardner Noes: None Recuse: Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25h day of July, 2012. 64w, Ci City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2012 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: July 14, 2012 Adopted Ordinance: July 28, 2012 q -,�t In witness whereof, I have hereunto subscribed my name this 10 1fiAlll 4 day of lmL - 2012. 1 City Clerk City of Newport Beach, California (Seal)